UK review of gender recognition list risks ‘trans travel ban’ – The Guardian

Posted January 11th, 2023 in bills, equality, gender, government departments, news, Scotland, transgender persons by sally

‘Rishi Sunak has been told he risks “re-toxifying” his government’s record on LGBTQ+ rights and introducing “an effective trans travel ban” after the equalities minister announced a review of countries whose process for changing gender on legal documents is recognised by the UK.’

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The Guardian, 10th January 2023

Source: www.theguardian.com

UK government launches consultation on greater data sharing across public sector – OUT-LAW.com

‘The UK Cabinet Office has opened a consultation on proposals for new legislation to enable and create a centralised digital ID gateway to online public services.’

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OUT-LAW.com, 10th January 2023

Source: www.pinsentmasons.com

Court of Appeal makes “unusual order” allowing appeal over refusal to make person party to care proceedings – Local Government Lawyer

‘The Court of Appeal has allowed an appeal over a Family Court judge’s refusal of an application by an appellant non-relative, Mr B, to become a party to care proceedings.’

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Local Government Lawyer, 10th January 2023

Source: www.localgovernmentlawyer.co.uk

Statutory Instruments – legislation.gov.uk

Posted January 11th, 2023 in legislation by sally

SI 2023/7 – The Universal Credit (Administrative Earnings Threshold) (Amendment) Regulations 2023

SI 2023/6 – The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2023

SI 2022/1406 – The Network Rail (Cambridge South Infrastructure Enhancements) Order 2022

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 11th, 2023 in law reports by sally

High Court (Administrative Court)

Campbell, R (On the Application Of) v London Borough of Ealing [2023] EWHC 10 (Admin) (09 January 2023

High Court (King’s Bench Division)

FKJ v RVT & Ors [2023] EWHC 3 (KB) (11 January 2023)

High Court (Technology and Construction Court)

Ravestein BV v Trant Engineering Ltd [2023] EWHC 11 (TCC) (09 January 2023)

Source: www.bailii.org

The Government Accepts Recommendations To Protect Human Rights In Care Settings – Each Other

Posted January 11th, 2023 in care homes, government departments, human rights, news, select committees by sally

‘The government has accepted recommendations made by the Joint Committee on Human Rights (JCHR) on protecting human rights in health and social care settings. A formal response has been published following concerns about the protection of human rights in care settings which include the right to life (Article 2) and the right to be free from torture and degrading treatment (Article 3).’

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Each Other, 10th January 2023

Source: eachother.org.uk

Liverpool teenager jailed for life over ‘outrageous’ shooting of schoolgirl – The Guardian

Posted January 11th, 2023 in attempted murder, firearms, gangs, imprisonment, news, sentencing, wounding by sally

‘A teenager has been jailed for life for an “outrageous” gangland shooting in which a 15-year-old girl was struck in the neck by a bullet as she waited for a bus home from school.

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The Guardian, 10th January 2023

Source: www.theguardian.com

Solicitor can sue ex-firm for misuse of private WhatsApp messages – Legal Futures

‘A High Court master has rejected what he described as a law firm owner’s attempt to “stifle” a misuse of private information (MPI) claim by a junior solicitor he dismissed by applying to have her case struck out.’

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Legal Futures, 11th January 2023

Source: www.legalfutures.co.uk

Grant Shapps unveils new powers in strike laws – BBC News

‘Business Secretary Grant Shapps has set out plans to enforce minimum service levels during strike action, including for ambulance staff, firefighters and railway workers.’

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BBC News, 10th January 2023

Source: www.bbc.co.uk

Newcastle council fined £280,000 after falling tree killed six-year-old – The Guardian

‘A council has been fined £280,000 for oversights that led to a six-year-old girl being crushed to death by a falling tree in her school playground.’

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The Guardian, 10th January 2023

Source: www.theguardian.com

Top Discrimination Decisions of 2022: five cases education lawyers should know – 3PB

‘Discrimination law is a complex and constantly evolving area of practice. Cases this year have provided clarification, enforcement and development of the legal principles underpinning claims under the Equality Act 2010 (“EqA”).’

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3PB, 13th December 2022

Source: www.3pb.co.uk

Hudson v Hathway [2022] EWCA Civ 1648 – Falcon Chambers

‘The Court of Appeal allowed the appeal, holding that a party claiming a subsequent increase in their equitable share as a result of a post-acquisition changed common intention must show detrimental reliance on the changed common intention. In this case there had been sufficient detrimental reliance.’

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Falcon Chambers, 22nd December 2022

Source: www.falcon-chambers.com

D Rodgers v Leeds Laser Cutting Ltd: Court of Appeal dismisses landmark Coronavirus case – St Philips Barristers

Posted January 10th, 2023 in chambers articles, coronavirus, health & safety, news, unfair dismissal by sally

‘At the start of the Coronavirus pandemic in March 2020, the employer (via an external professional) carried out a Coronavirus risk assessment to identify areas of risk and put in place measures to protect its staff who worked in a large, ventilated factory space (about five employees in a space the size of half a football pitch). Despite this, on 27 March 2020 Mr Rodgers left the premises and subsequently made it clear to his employer he would not be returning until lockdown eased. A month later, having had no contact from Mr Rodgers, his employer terminated his employment.’

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St Philips Barristers, 20th December 2022

Source: st-philips.com

Amending Claims in the Employment Tribunal: Choudhury v Cerberus Security and Monitoring Services Limited [2022] EAT 172 – Farrar’s Buildings

‘The Claimant was employed by the respondent as a Security Officer from 24 March 2007. He was suspended on 12 April 2019. The Claimant was summarily dismissed on 24 September 2019 and he brought a claim in the Employment Tribunal for unfair dismissal and victimisation. The claim form hinted at some other claim of discrimination. The Claimant was at all times unrepresented.’

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Farrar's Buildings, 20th December 2022

Source: www.farrarsbuilding.co.uk

X v Secretary of State for Health and Social Care: Valuing historic cases – St John’s Chambers

Posted January 10th, 2023 in birth, chambers articles, hospitals, limitations, negligence, news by sally

‘In this brief note Justin Valentine, Counsel for the claimant, discusses an unusual case where serious sciatic nerve injury was sustained by the claimant shortly after her birth in the mid-1960s, but where she only became aware of the negligence in her 50s over 30 years after the end of the primary limitation period. Limitation was initially raised as an issue but was dropped at CCMC stage. The case settled subsequent to a JSM for approximately £1.6 million.’

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St John's Chambers, 3rd January 2023

Source: www.stjohnschambers.co.uk

Report Summary – Children and Families Act 2014: A failure of implementation – Spire Barristers

Posted January 10th, 2023 in chambers articles, children, families, news, reports by sally

‘Spire Barristers’ pupils Lauren Gardner and Eleanor Suthern discuss The House of Lords Children and Families Act 2014 Committee published report “Children and Families Act 2014: A failure of implementation” in which Joint Head of Chambers, Sarah Blackmore was called to give evidence as a leading practitioner in the field of Family Law and the author of the practitioner text Family Justice Reformed – Developments since the Children’s & Families Act 2014.’

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Spire Barristers, 9th December 2022

Source: spirebarristers.co.uk

Mother v Father [2022] EWHC 3107 (Fam): I was not allowed to give evidence or cross-examine in family court: can I appeal? – Becket Chambers

Posted January 10th, 2023 in appeals, chambers articles, cross-examination, family courts, news by sally

‘This article provides an overview of the court’s powers in limiting evidence heard during family court proceedings. I will be examining some key lessons on this topic as heard in the recent case of Mother v Father [2022] EWHC 3107 (Fam).’

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Becket Chambers, 20th December 2022

Source: becket-chambers.co.uk

Whistleblowing, Employment Tribunals and Mediation: about time to think outside the box? – Martin Fodder – Littleton Chambers

Posted January 10th, 2023 in chambers articles, disclosure, news, public interest, whistleblowers by sally

‘The Public Interest Disclosure Act, which introduced Part IVA and S.103A into the Employment Rights Act 1996, was regarded as pioneering, world-leading, legislation when it was passed in 1998. The importance protecting whistleblowers has become generally accepted in the years since then, not only in the United Kingdom but in Europe and beyond.. It is a reasonable assumption that a great deal of “whistleblowing” takes place each and every day which, before 1998, would not have occurred and it does so without any adverse action being taken against the “whistleblowers”. That is a massive cultural change for the better. PIDA and those who framed it must take a great deal of credit for it. However there is no longer a consensus that the legislative framework and the way in which it operates in practice is fit for the purposes of, on the one hand, ensuring that responsible whistleblowers are protected from retribution and, on the other, seeing that those wrongs or hazards to which responsible whistleblowers have drawn attention are remedied or prevented. Indeed Georgina Halford-Hall CEO Whistleblowers UK, writing in the Introduction to All Party Parliamentary Group (APPG) Report “Making Whistleblowing Work for Society” said, “In 2020, PIDA is the equivalent of having teeth extracted without anaesthetic.” It is difficult to disagree. And in 2022 the orthodontic experience she was referring to is likely to be even more painful.’

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Littleton Chambers, 5th December 2022

Source: littletonchambers.com

Large award of damages and/or equitable compensation ordered against the perpetrators of a labour supply fraud (Umbrella Care Ltd v Nisa and ors) – Gatehouse Chambers

Posted January 10th, 2023 in chambers articles, company directors, compensation, damages, fraud, news, taxation by sally

‘Dispute Resolution analysis: A large award of damages and/or equitable compensation has been made against the directors and connected companies of a company which was used to perpetrate a large scale labour supply fraud against HMRC.’

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Gatehouse Chambers, 21st December 2022

Source: gatehouselaw.co.uk

Woman with diabetes and subject to deprivation of liberty in care placement to be allowed home, judge rules – Local Government Lawyer

‘A Court of Protection judge has ruled that a woman with type 1 diabetes and mental health issues can go home, after being deprived of her liberty in a specialist facility which she expressed she “hated” being in.’

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Local Government Lawyer, 9th January 2022

Source: www.localgovernmentlawyer.co.uk